Opinion
8474 Index 100109/16
02-21-2019
In re 177 WATER STREET REALTY LLC, Petitioner, v. NEW YORK CITY LOFT BOARD, et al., Respondents.
Warshaw Burstein, LLP, New York (Bruce H. Wiener of counsel), for petitioner. Zachary W. Carter, Corporation Counsel, New York (Diana Lawless of counsel), for New York City Loft Board, respondent. Ween & Kozek, PLLC, Brooklyn (Michael P. Kozek of counsel), for Octavio Molina and Doreen Gallo, respondents.
Warshaw Burstein, LLP, New York (Bruce H. Wiener of counsel), for petitioner.
Zachary W. Carter, Corporation Counsel, New York (Diana Lawless of counsel), for New York City Loft Board, respondent.
Ween & Kozek, PLLC, Brooklyn (Michael P. Kozek of counsel), for Octavio Molina and Doreen Gallo, respondents.
Friedman, J.P., Gische, Kapnick, Gesmer, Kern, JJ.
The Board's grant of the application by tenant Molina for coverage under the Loft Law is supported by substantial evidence (see generally 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 180–181, 408 N.Y.S.2d 54, 379 N.E.2d 1183 [1978] ). The Board reasonably accepted the Administrative Law Judge's findings that Molina lived in a separate and independent household for 12 months during the window period, and was in possession of, and primarily resided at, that separate unit as of June 21, 2010.
In view of our disposition on the merits, we need not reach the Board's argument that this proceeding was not timely commenced. We have considered the remaining contentions, and find them unavailing.